RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF TAJIKISTAN

of March 20, 1994 No. 134

About questions of compensation by the companies, organizations, organizations of the damage caused to workers by mutilation, occupational disease, or other damage of health connected with execution of labor obligations

The Council of Ministers of the Republic of Tajikistan decides:

1. Approve the enclosed Rules of compensation by the companies, organizations, organizations of the damage caused to workers by mutilation, occupational disease, or other damage of health connected with execution of labor obligations by them (dalee-Pravila).

2. Approve Regulations on procedure for recalculation of earlier determined compensation amounts by the companies, organizations, the organizations of the damage caused to workers by mutilation, occupational disease, or other, the damage of health connected with execution of labor obligations.

3. This resolution becomes effective from the moment of its acceptance.

Approved by the Resolution of Council of Ministers of the Republic of Tajikistan of March 20, 1994 No. 134

Rules of compensation by the companies, organizations, organizations of the damage caused to workers by mutilation, occupational disease, or other damage of health connected with execution of labor obligations

I. General provisions

1. The relations on compensation of the damage caused to workers by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by them * are regulated by the Civil code, the Law of the Republic of Tajikistan "About labor protection in the Republic of Tajikistan" and these rules. When agreements (agreements) between the Republic of Tajikistan and other countries provide other legal instructions, than those which contain in the Law "About Labor Protection in the Republic of Tajikistan" and these rules are applied the legal instructions provided by such agreements (agreements).

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* In further mutilation, the occupational disease or other damage of health connected with execution of labor obligations hereinafter are referred to as the Labour mutilation.

2. The company, organization, the organization * irrespective of patterns of ownership and economic activity bears liability for the damage caused to health of workers, employees, members of kolkhozes and other cooperatives, the citizens working according to civil works agreements and orders, the labor mutilation which occurred because of the company both in the territory of this company and beyond its limits and also in travel time to place of employment or from work on the transport provided by the company (Item 3 Governed).

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* Further the company, organization, the organization hereinafter are referred to as as the company.

3. The company shall indemnify in full the loss caused to health of the worker in case of execution of labor obligations by it by source of enhanced danger if does not prove that the damage arose owing to force majeure or intention of the victim.

If the damage is caused to health of the worker not by source of enhanced danger, then the company is exempted from its compensation if proves that the damage is caused not through his fault.

4. The labor mutilation is considered come because of the company (part two of Item 3 of Rules) if it occurred owing to neediness of it of healthy and safe working conditions (non-compliance with industrial safety rules, safe engineering, industrial hygiene, etc.).

5. As the proof of responsibility of the company for the caused damage, and in the cases provided by part two of Item 3 of Rules, and the proof of fault of the company documents and testimonies of witnesses can serve, in particular:

- act of labor accident; sentence, judgment, resolution of the prosecutor, body of inquiry or pretrial investigation;

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